PART 1E+W+SPreliminary
Citation and commencementE+W+S
1. These Regulations may be cited as the Teachers' Pensions Regulations 2010 and come into force on 1st September 2010.
InterpretationE+W+S
2.—(1) Schedule 1 contains a glossary of expressions.
(2) In these Regulations, unless the context otherwise requires, an expression listed in the left-hand column of Schedule 1 has the meaning in, or the meaning contained in the provision referred to in, the corresponding entry in the right-hand column.
[F1Marriage of a same sex coupleE+W+S
2A.—(1) In this Scheme—
(a)a reference to civil partnership is to be read as including a reference to marriage of a same sex couple,
(b)a reference to civil partners is to be read as including a reference to a married same sex couple, and
(c)a reference to a person who is in a civil partnership is to be read as including a reference to a person who is married to a person of the same sex.
(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to a civil partnership that has ended, or a reference to a person whose civil partnership has ended) is to be read accordingly.
(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
(4) Paragraph 1 of Schedule 3 to the Marriage (Same Sex Couples) Act 2013 does not apply to the interpretation of this Scheme.
(5) Section 11(1) and (2) of, and paragraph 3 of Schedule 3 to, that Act have effect subject to paragraphs (1) to (3).]
Textual Amendments
[F1Living together as a same sex coupleE+W+S
2B.—(1) In this Scheme—
(a)a reference to persons who are not in a civil partnership but are living together as civil partners is to be read as including a reference to a same sex couple who are not married but are living together as a married couple, and
(b)a reference to a person who is living with another person as if they were in a civil partnership is to be read as including a reference to a person who is living with another person of the same sex as if they were married.
(2) Where paragraph (1) requires a reference to be read in a particular way, any related reference (such as a reference to persons formerly living together as civil partners) is to be read accordingly.
(3) For the purposes of paragraphs (1) and (2) it does not matter how a reference is expressed.
(4) Paragraph 2 of Schedule 3 to the Marriage (Same Sex Couples) Act 2013 does not apply to the interpretation of this Scheme.
(5) Section 11(1) and (2) of, and paragraph 3 of Schedule 3 to, that Act have effect subject to paragraphs (1) to (3).]
Textual Amendments
Meaning of “employer” in certain casesE+W+S
3.—(1) Where a teacher is employed by the governing body of a school maintained by a local authority, that authority is, for the purposes of these Regulations, treated as the employer of the teacher.
(2) But for the purpose of paragraph 2(2) of Schedule 4 (contributions for additional pensions) such a governing body is also treated as the employer of such a teacher.
Meaning of “further employment”E+W+S
4.—(1) A person (P) who re-enters pensionable employment after a retirement pension falling within paragraph (2) or a short-service serious ill-health grant becomes payable enters “further employment” for the purpose of these Regulations.
(2) A retirement pension falls within this paragraph if—
(a)on the pension becoming payable, P had no reckonable service other than reckonable service previously used to calculate a benefit (including the pension), and
(b)the pension is not an ill-health pension.
(3) Paragraph (2)(b) does not apply if at the time when P enters the employment mentioned in paragraph (1)—
(a)where P is a pre-2007 entrant, P is at least 60, or
(b)where P is a person with mixed service or a 2007 or later entrant, P is at least 65.